Court : Jammu and Kashmir
Decided on : Oct-10-2006
Reported in : 2007(1)JKJ510
..... both age as well as income of the deceased has been proved. thus, claimants-respondents are within their rights to claim compensation in terms of section 163a of motor vehicles act without proving by whose negligence the accident has occurred.15. workman-legal representatives of the deceased workman have two remedies for claiming compensation; one in ..... schedule.13. while going through this provision of law one comes to an inescapable conclusion that the claimants can file claim petition in terms of section 163a of motor vehicles act and have to prove only two following points:(a) age of the deceased; and(b) income of the deceased.14. in the instant case ..... judge or not. it is suffice to state that the general rule of proving rash and negligent driving to claim compensation under motor vehicles act was diluted by introduction of this section. this being welfare legislation is intended to provide financial assistance to the dependants of the person involved in a road accident and incurred .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Nov-03-2006
Reported in : 2007(3)JKJ173
..... belated institution of revision petition before the financial commissioner, the same does not appear to be relevant for two reasons. first, that under section 15 of land revenue act the time constraint does not appear to attend the exercise of revisional power by financial commissioner in appropriate cases for preventing a failure of ..... a little further it would be appropriate to observe that revisional proceedings in the matter were required to be conducted by financial commissioner under section 15 of land revenue act only with a view to assess legality, regularity and propriety of orders passed or proceedings conducted in any case pending before or disposed ..... the suit land and vested with ownership rights under the provisions of j&k; agrarian reforms act, (in short 'the act'). pleading that the entire chunk of land aforesaid was notified under section 4 of land acquisition act for being acquired for laying/construction of railway track, the petitioners maintain that they accordingly sought .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Nov-06-2006
Reported in : 2007(1)JKJ586
..... registered at p/s cik humhama, which the senior superintendent of police describes in his dossier as a case registered under sections 3/4 tada, 2/3 e&imco;, 251.a. act, 4/5 explosive substances act besides sections 302, 307, 365 and 120b of rpc. the punishment which these offences entail is death penalty or life imprisonment. satisfaction ..... may be safely concluded that requisite material was not there on records on the basis whereof detention of the petitioner could be ordered under section 8 of jammu and kashmir public safety act 1978. grounds of detention being vague and ambiguous have deprived the petitioner/ detenue of his constitutional right under article 22(5) to make ..... of the matter he had been deprived of his constitutional right under article 22(5) of constitution of india and legal right under section 13 of jammu and kashmir public safety act 1978.6. learned state counsel, on the other hand, produced the detention records and submitted that there was enough material on records .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Nov-06-2006
Reported in : 2007(2)JKJ468
..... 15,1966, by which date there was a decree passed by the reference court, obviously the proceedings should be passed under c. p. c, as per section 53 of act. therefore, the counsel was pursuing the remedy wrongly under the portuguese code. in consequence, the appeal came to be filed beyond limitation. accordingly, there are bona ..... 'other cause of like nature' came up for the consideration of this court in mohan singh oberai : [1975]2scr491 and it was held that section 14 of the limitation act is wide enough to cover such cases where the defects are not merely jurisdictional strictly so-called but others more or less neighbours to such deficiencies. ..... by them in prosecuting their review application before learned principal district judge, srinagar was required to be excluded while computing the period of limitation as provided under section 14 of the limitation act.5. shri m. a. shah, learned counsel for the applicants, refers to s. m. iqbal v. firdous ahmad shah reported as air 1994 .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Nov-17-2006
Reported in : 2007(3)JKJ133
..... in a subsequent suit and in particular as to whether any such admission could be used against the party without confronting him with the same in terms of section 145 of the evidence act?31. in support of its pleas, reliance is being placed by the defendants on the commissioner's report. the 1st appellate court has while commenting upon ..... village over which the inhabitants of the village exercise common right of user. such places are used for common or public purposes. according to the proviso to section 3 of the act right of user over path ways and places must be exercised by the inhabitants of the village for one year continuously at any time prior to the commencement ..... and defendant no. 5 is tenant over some portion of the same. the proprietary rights therefore cannot vest in them of the suit land under the provisions of section 17 of the act.for the reasons give above the findings of trial court under issue no. 3 are erroneous, against law, facts on the file. the fact remains that the .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Nov-29-2006
Reported in : 2007(1)JKJ161
..... high court in union of india v. rup kishore and anr. : air1967all504 , held as follows:that appears to be the idea underlying section 31 of the act. sub-section (4) of section 31 requires that a single court should deal with arbitration proceedings at different stages. if the strict interpretation suggested by mr. sanyal is accepted, ..... the court of district judge in a district is a principal civil court of original jurisdiction in a district. apart from sub-section (2) of section 16 of the civil courts act, section 24 of the civil procedure code also confers powers upon the district judge/district court to transfer any suit, appeal or other proceedings pending ..... civil jurisdiction and principal civil court of original jurisdiction.5. the court (s) of additional district judge (s) are created in terms of section 16 of the civil courts act. section 16 reads as follows:16. additional judges: - (1) when the business pending before any district judge requires the aid of an additional judge .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Dec-05-2006
Reported in : 2007(3)JKJ195
..... accordingly.3. aggrieved by the said order of the writ court, the present lpa has been filed by the respondent-state. along with the lpa, an application under section 5 of the limitation act has been filed for seeking condonation of delay in filing the appeal. it has been pleaded that the judgment impugned was pronounced on 17th of march'06 and .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Dec-08-2006
Reported in : 2007(3)JKJ167
..... anybody on daily wages, work charged or on part time basis de hors the rules. the power to make appointments by the committee or the board whether contained in section 23 or section 26-f of the act are statutory in nature. in absence of any provisions conferred upon them to appoint any employee de hors the provisions of ..... a teacher, he has deputed the petitioner who, as admitted by the petitioner, is only a class iv employee and if he is discharging the duties as teacher, was acting in violation of the directions passed by block education officer, keegam.7. this court at motion stage directed the respondents not to detach the petitioner from the post of ..... sections 23 and 26-f and the regulations framed there-under, indisputably would mean that such appointments are de hors the act and the rules....12. the apex court in a case reported as indian council of agricultural research v. t .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Dec-22-2006
Reported in : 2008(1)JKJ382
..... petitioner says that the detention order suffers from non-application of mind of the detaining authority besides being unwarranted and unconstitutional as it offends section 13 of public safety act and article 22(5) of constitution of india. learned counsel submits that there was no material worth the name justifying detention of the ..... and to spread scare and alarm among the general public with the plan to cause killings, destruction of property by causing explosions and by using lethal/fire arm weapons. whereas, you were acting as a courier and harbour of militants at your residence at udhampur for the last three years and has also ..... the source or material, unless, however, the detaining authority exercises his power to dispense with the requirement of disclosing grounds of detention under section 13(2) of the public safety act, in public interest, renders the detention unconstitutional for it deprives the detenue his light of making an effective representation against his detention.8. .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Dec-27-2006
Reported in : 2007(1)JKJ359
..... doubt about this fact that where there is no gross negligence or deliberate in-action, the courts generally should grant condonation and the word sufficient cause used in section 5 of the limitation act must receive a liberal inter-pretation, so as to advance the cause of justice. in the instant case, there is negligence on the part of the state to .....
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